Since 9/11, Congressional appropriations for border security have skyrocketed. This influx of resources to U.S. Customs and Border Protection (CBP) has corresponded with increased reports of pretextual arrests, racial profiling, excessive use of force, and coercive tactics to aid immigration enforcement along both borders. Although these enforcement practices often violate the constitutional, statutory or regulatory framework governing the conduct of CBP officers, they are rarely challenged in immigration court.

The LAC’s new practice advisory discusses some of the factual scenarios that may give rise to successful motions to suppress evidence obtained unlawfully by CBP officers, including CBP inspectors stationed at ports of entry and Border Patrol agents, who operate between ports of entry. It also addresses some of the legal issues specific to motions to suppress evidence obtained at and near the border. If successful, a motion to suppress can prevent the government from using unlawfully obtained evidence to prove alienage, which may result in the termination of removal proceedings.